Do you guys in FLA have to worry about getting sued if it becomes obvious that during the course of the wind mit inspection you saw a serious, possibly life-threatening deficiency but failed to mention it, and it can be shown that as a qualified inspector you would have known how dangerous it was?
Yes…if during the inspection a reasonable H I should have
noticed a HAZARD or did notice but didn’t notify homeowner.
While confirming RTW, the inspector failed to notice an arching junction box just
a foot away from where he/she took the RTW picture.
However, was the box arching at the time he/she was in the attic? No/yes
51/49 burden of proof.
I was thinking about the clip in this thread but didn’t want to hijack the thread.
Kenton, I always have a signed inspection agreement, even if it’s only for WindMit, termite, etc.
Never happened with me, but if I observed something hazardous, I would tell them & probably put it it writing as a courtesy & save the file.
Contractually, I don’t think I would have any liability, but that doesn’t mean someone would not have a cause of action against me.
Then there’s the scenario - what if it’s a rental property. Who do you tell or not tell?
The tenant, the owner?..
lol…public safety, health, and general welfare is the basis of our licensure, and as such one can not indemnify one’s self of the responsibility to the public safety in any instance as a LICENSED PROFESSIONAL.
But, as you know, all that doesn’t mean anything with insurance inspections because the statutes and administrative code of our licensure doesn’t apply there…:roll:
I notice roof leaks all the time doing wind mitigation inspections. I always let the home owner know, most of the time they are already aware of it.
Maybe the insurer would like to know that the roofing system was leaking previously, and not due to wind damage like the owner is trying to claim after a storm…?
i do not believe so as I am only there to do a wind mitigation inspection. I do not throw in other services or inspections free of charge unless I feel like it.
I do actually mention things often but not in writing.
…you might want to read the statutes relating to your licensure a little better.
Naaaaa, I think I have a pretty good idea of how to do a wind mit
Just answer the questions on the form and all is OK!
Why submit more than they ask for?
I posted a question for you…
I’ve had several instances where I alerted the owner about defects or safety issues I noticed while doing wind mits. Just today, I saw three clean breaks in the older truss webs. Owner already knew about it. I also let them know about any termite or rodent infestation, and of course any electrical hazards, but these would not end up in a 1802 report.
That ain’t the job on a mit.
Fill out the form …Collect the fees and go home.
You are Killing yourself!
I agree with the 2 above.
You’ll NEVER get a rational answer.
…that’s the thing, I’m not picking on him. I installed these systems from 2003 to 2009, I tested my own panel that I manufactured on a Alvarez 14 stage roll-form machine and produced for 5 years.
I know a thing or two about impact protection systems and the testing, not boasting but I’m pretty sure I’m the only one on this forum that has gone through the testing to achieve approval with the state for impact rated systems.
if I’m wrong, please correct me…
Ok – Here is one from today. I navigated the entire attic while performing a Roof to Wall retrofit and came across this ----
Truss bottom chord was cut with no attempt to redistribute the load. There was also no duct connected to the exhaust.
I know I’ve already stated this before, but if you were the one covering the structure for wind damage and had to write the check?